Varghese v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl.No. 2500 of 2015 ---------------------------------- CRIME NO. 26/2015 OF ALUVA EXCISE RANGE, ALUVA .....

PETITIONER(S)/ACCUSED:

-------------------------------------- VARGHESE, AGED 50, S/O.XAVIER, KALLARACKAL HOUSE, KIZHAKKUMBHAGOM VILLAGE, PARAPPURAM P.O., ALUVA TALUK.

BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S)/STATE AND COMPALAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, ALUVA - 683 101.

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No.2500 of 2015 --------------------------------------- Dated this the 12th day of May, 2015

O R D E R

The petitioner was found to be in possession of 15 litres of arrack. He has been in custody since 27.02.2015.

2. Heard.

3. Having regard to the period of custody, I am inclined to grant bail to the petitioner.

4. In the result, this application is allowed. i. Petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the lower court concerned.

ii. The petitioner shall appear before the investigating officer between 10.30 a.m and 11.30 a.m on alternate Fridays for three months or till the final report is filed, whichever is earlier.

B.A. No.2500 of 2015 iii. Petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

iv. Petitioner shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

v. Petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

In case of violation, the lower court concerned is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW, JUDGE sp